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Articles Posted in Real Estate Litigation

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Illinois Appellate Court Affirms that Lender May Pursue Either a Mortgage or a Promissory Note to Remedy Unpaid Debt

Laura Turczak and Robert Lew purchased a house in 2007. They arranged a mortgage with Wells Fargo Bank for $391,250.  They also took out a second mortgage with First American Bank for $73,335. In 2002, Lew and Turczak stopped paying the loans.  Wells Fargo filed to foreclose its mortgage in June 2010.…

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Illinois Appellate Court Finds That Heir Who Has Lost Possession of Property Still May Lack Standing to Pursue Ejectment

The Bank of New York filed to foreclose on a mortgage owned by the decedent, Ruth Hatch.  The foreclosure named her heirs as defendants. In December 2003, Jesse Hatch, the son of Ruth Hatch, filed a motion to dismiss. He claimed that he was an heir and that the Bank of New…

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Motion for Summary Judgment Must be Accompanied by Affidavit with Specific Facts or Account for Personal Knowledge

In January 2003, Michael Henderson, the defendant, wanted to rehabilitate real estate he owned. He submitted a loan application to the plaintiff, National Lending Services Inc. National Lending approved Henderson’s loan. The loan provided for an adjustable rate interest in which the interest only was paid until the loan matured on…

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Illinois Appellate Court Affirms Jury’s Verdict and Judgment Notwithstanding the Verdict Order

The Illinois Appellate Court has affirmed the decision of a Cook County Circuit Court judge in a dispute that arose over a rental property. Randy Franks entered into a commercial lease agreement with Sheldon Broder. Franks was leasing a property to use as a retail store. Franks paid Broder a security deposit of…

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Service of Process was Sufficient When Process Server Left Copy of Summons and Complaint at the Residence of Defendant and Mailed Additional Copy; CitiMortgage, Inc. v. Lubowicki

Slawomir Lubowicki and his wife, Agnieszka Lubowicka, held a mortgage from the plaintiff, CitiMortgage (Citi) in the amount of $329,000 for their home in Mount Prospect, Ill. In August 2009, Citi filed a lawsuit alleging that Lubowicki and his wife were in default in the payment of their mortgage and sought…

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Illinois Appellate Court Affirms Real Estate Title Question with Divided Properties; Stephanie Cutter and Jordan Mummer v. Michael A. Plowman

Deutsche Bank National Trust filed a lawsuit against Michael Plowman in 2010 to quiet title for a property located on Chicago’s North Side. The lawsuit alleged that Deutsche bank acquired title to the property by a foreclosure. The complaint also alleged that the property had been improved by the construction of a…

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